Bill Text: CA SB651 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Developmental centers and state hospitals.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 724, Statutes of 2013. [SB651 Detail]
Download: California-2013-SB651-Amended.html
Bill Title: Developmental centers and state hospitals.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State. Chapter 724, Statutes of 2013. [SB651 Detail]
Download: California-2013-SB651-Amended.html
BILL NUMBER: SB 651 AMENDED BILL TEXT AMENDED IN SENATE APRIL 22, 2013 AMENDED IN SENATE APRIL 11, 2013 INTRODUCED BY Senators Pavley and Leno (Coauthors: Senators Block, De León, DeSaulnier, Lieu, and Yee) (Coauthors: Assembly Members Ammiano, Bloom, Blumenfield, Brown, Chesbro, Fox, Frazier, Garcia, Quirk-Silva, Rendon, Ting, and Williams) FEBRUARY 22, 2013 An act to add Section 1424.6 to the Health and Safety Code, and to amend Section 4427.5 of, and to add Sections 4313.5 and 4427.7 to, the Welfare and Institutions Code, relating to health and human services. LEGISLATIVE COUNSEL'S DIGEST SB 651, as amended, Pavley. Developmental centers and state hospitals. Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of the state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. This bill would require designated investigators of developmental centers and state hospitals to authorize a sexual assault forensic medical examination for any resident of a developmental center or any resident of a state hospital, as applicable, who is a victim or suspected victim of sexual assault, as defined, performed at an appropriate facility off the grounds of the developmental center or state hospital in accordance with specified provisions. Existing law requires a developmental center to immediately report specified incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides for the licensure and regulation of health facilities, including long-term care facilities, as defined, by the State Department of Public Health. Existing law provides for a citation system for the imposition of civil penalties against long-term care facilities, including penalties specifically applicable to certain skilled nursing facilities and intermediate care facilities, in violation of applicable laws and regulations. This bill would deem a developmental center's failure to report to local law enforcement a class B violation, as specified, and subject to the penalties applicable to those certain skilled nursing and intermediate care facilities, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1424.6 is added to the Health and Safety Code, to read: 1424.6. Failure by a developmental center to report incidents as required under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code shall be deemed a class B violation and shall be subject to the penalties specified in Section 1424.5. SEC. 2. Section 4313.5 is added to the Welfare and Institutions Code, to read: 4313.5. Designated investigators of state hospitals shall authorize a sexual assault forensic medical examination for any resident of a state hospital who is a victim or suspected victim of sexual assault, as defined in Section 15610.63, performed at an appropriate facility off the grounds of a state hospital in accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal Code , which includes, but is not limited to, the requirement that the law enforcement agency having jurisdiction over the city or county in which the state hospital is located be notified by the person performing the sexual assault forensic medical examination as required by subdivision (a) of Section 13823.11 of the Penal Code . SEC. 3. Section 4427.5 of the Welfare and Institutions Code is amended to read: 4427.5. (a) (1) A developmental center shall immediately report the following incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located, regardless of whether the Office of Protective Services has investigated the facts and circumstances relating to the incident: (A) A death. (B) A sexual assault, as defined in Section 15610.63. (C) An assault with a deadly weapon, as described in Section 245 of the Penal Code, by a nonresident of the developmental center. (D) An assault with force likely to produce great bodily injury, as described in Section 245 of the Penal Code. (E) An injury to the genitals when the cause of the injury is undetermined. (F) A broken bone, when the cause of the break is undetermined. (2) If the incident is reported to the law enforcement agency by telephone, a written report of the incident shall also be submitted to the agency, within two working days. (3) The reporting requirements of this subdivision are in addition to, and do not substitute for, the reporting requirements of mandated reporters, and any other reporting and investigative duties of the developmental center and the department as required by law. (4) Nothing in this subdivision shall be interpreted to prevent the developmental center from reporting any other criminal act constituting a danger to the health or safety of the residents of the developmental center to the local law enforcement agency. (b) (1) The department shall report to the agency described in subdivision (i) of Section 4900 any of the following incidents involving a resident of a developmental center: (A) Any unexpected or suspicious death, regardless of whether the cause is immediately known. (B) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is a developmental center or department employee or contractor. (C) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member is implicated. (2) A report pursuant to this subdivision shall be made no later than the close of the first business day following the discovery of the reportable incident. (c) The department shall do both of the following: (1) Annually provide written information to every developmental center employee regarding all of the following: (A) The statutory and departmental requirements for mandatory reporting of suspected or known abuse. (B) The rights and protections afforded to individuals' reporting of suspected or known abuse. (C) The penalties for failure to report suspected or known abuse. (D) The telephone numbers for reporting suspected or known abuse or neglect to designated investigators of the department and to local law enforcement agencies. (2) On or before August 1, 2001, in consultation with employee organizations, advocates, consumers, and family members, develop a poster that encourages staff, residents, and visitors to report suspected or known abuse and provides information on how to make these reports. (d) A failure to report under subdivision (a) shall be deemed a class B violation as provided in Section 1424.6 of the Health and Safety Code. SEC. 4. Section 4427.7 is added to the Welfare and Institutions Code, to read: 4427.7. Designated investigators of developmental centers shall authorize a sexual assault forensic medical examination for any resident of a developmental center who is a victim or suspected victim of sexual assault, as defined in Section 15610.63, performed at an appropriate facility off the grounds of the developmental center in accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal Code , which includes, but is not limited to, the requirement that the law enforcement agency having jurisdiction over the city or county in which the developmental center is located be notified by the person performing the sexual assault forensic medical examination as required by subdivision (a) of Section 13823.11 of the Penal Code .